Section 1. That sections 121.083, 3781.10, 3781.19, 4123.01, | 18 |
and 4123.291 be amended and new sections 4104.41, 4104.42, | 19 |
4104.43, 4104.44, and 4104.45 and sections
4125.01, 4125.02, | 20 |
4125.03, 4125.04, 4125.05, 4125.06, 4125.07,
4125.08, 4125.09, and | 21 |
4125.99 of the Revised Code be enacted to read as
follows: | 22 |
(A) Administer and enforce the general laws of this state | 25 |
pertaining to buildings,
pressure piping, boilers, bedding, | 26 |
upholstered furniture, and stuffed
toys, steam engineering, | 27 |
elevators, plumbing, licensed occupations regulated
by the | 28 |
department, and travel agents, as they apply to plans review, | 29 |
inspection, code enforcement, testing, licensing, registration, | 30 |
and
certification. | 31 |
(D)(C) Examine and license persons who desire to act as steam | 33 |
engineers, to operate steam boilers, and to act as inspectors of | 34 |
steam boilers, provide for the scope, conduct, and time of such | 35 |
examinations, provide for, regulate, and enforce the renewal and | 36 |
revocation of such licenses, inspect and examine steam boilers
and | 37 |
make, publish, and enforce rules and orders for
the construction, | 38 |
installation, inspection, and operation of
steam boilers, and do, | 39 |
require, and enforce all things necessary
to make such | 40 |
examination, inspection, and requirement efficient. | 41 |
(A) Formulate and adopt rules governing the erection, | 57 |
construction, repair, alteration, and maintenance of all
buildings | 58 |
or classes of buildings specified in section 3781.06 of
the | 59 |
Revised Code, including land area incidental thereto, the | 60 |
construction of industrialized units, the installation of | 61 |
equipment, and the standards or requirements for materials to be | 62 |
used in connection therewith. The standards shall relate to the | 63 |
conservation of energy in and to the safety and sanitation of
such | 64 |
buildings. The rules shall be the lawful minimum
requirements | 65 |
specified for such buildings or industrialized
units, except that | 66 |
no rule, except as provided in division (C) of
section 3781.108 of | 67 |
the Revised Code, which specifies a higher
requirement than is | 68 |
imposed by any section of the Revised Code
shall be enforceable; | 69 |
the rules shall be acceptable as complete
lawful alternatives to | 70 |
the requirements specified for such
buildings or industrialized | 71 |
units in any section of the Revised
Code; and the board shall on | 72 |
its own motion, or on application
made under sections 3781.12 and | 73 |
3781.13 of the Revised Code,
formulate, propose, adopt, modify, | 74 |
amend, or repeal the rules to
the extent necessary or desirable to | 75 |
effectuate the purposes of
sections 3781.06 to 3781.18 of the | 76 |
Revised Code. | 77 |
(B) Formulate and report to the general assembly such | 78 |
amendments in existing statutes relating to the purposes declared | 79 |
in section 3781.06 of the Revised Code as public health and
safety | 80 |
and the development of the arts require and such
additional | 81 |
legislation as it recommends with a view to carrying
out fully, in | 82 |
statutory form, the purposes declared in such
section; and prepare | 83 |
and submit to the general assembly a summary
report of the number, | 84 |
nature, and disposition of the petitions
filed under sections | 85 |
3781.13 and 3781.14 of the Revised Code; | 86 |
(C) Determine by rule, on its own motion or on application | 87 |
made under sections 3781.12 and 3781.13 of the Revised Code, and | 88 |
after thorough testing and evaluation that any particular
fixture, | 89 |
device, material, process of manufacture, manufactured
unit or | 90 |
component, method of manufacture, system, or method of | 91 |
construction, complies with performance standards adopted
pursuant | 92 |
to section 3781.11 of the Revised Code, having regard to
its | 93 |
adaptability for safe and sanitary erection, use, or
construction, | 94 |
to that described in any section of the Revised
Code, wherever the | 95 |
use of a fixture, device, material, method of
manufacture, system, | 96 |
or method of construction which is described
in such section of | 97 |
the Revised Code, is permitted by law; and on
like application | 98 |
amend or annul any such rule or issue an
authorization for the use | 99 |
of a new material or manufactured unit;
and no department, | 100 |
officer, board, or commission of the state
other than the board of | 101 |
building standards or the board of
building appeals shall permit | 102 |
the use of any fixture, device,
material, method of manufacture, | 103 |
newly designed product, system,
or method of construction at | 104 |
variance with what is described in
any rule adopted or | 105 |
authorization issued by the board of building
standards or in any | 106 |
section of the Revised Code. Nothing in this
section shall be | 107 |
construed as requiring approval, by rule, of
plans for an | 108 |
industrialized unit that conforms with the rules
adopted by the | 109 |
board of building standards pursuant to section
3781.11 of the | 110 |
Revised Code. | 111 |
(D) Recommend to the bureau of workers' compensation, the | 112 |
director of commerce, or any other department, officer, board,
or | 113 |
commission of the state, and to legislative authorities and | 114 |
building departments of counties, townships, and municipal | 115 |
corporations, the making, amending, fixing, or ordaining by such | 116 |
appropriate action as such state, county, township, or municipal | 117 |
authorities may be empowered by law or the constitution to take, | 118 |
of such rules, codes, or standards as shall tend to carry out the | 119 |
purposes declared in section 3781.06 of the Revised Code, with a | 120 |
view to securing uniformity of state administrative ruling; and | 121 |
local legislation and administrative action; | 122 |
The board also shall certify personnel of municipal, | 128 |
township, and county building departments, and persons and | 129 |
employees of persons, firms, or corporations as described in | 130 |
divisions (E)(1) and (2) of this section, to exercise enforcement | 131 |
authority, to accept and approve plans and specifications, and to | 132 |
make inspections, pursuant to sections 3781.03 and, 3791.04, and | 133 |
4104.45 of the
Revised Code. The board shall specify, in rules | 134 |
adopted pursuant
to Chapter 119. of the Revised Code, the | 135 |
requirements that shall
be satisfied for certification purposes, | 136 |
which requirements shall
be consistent with this division. Except | 137 |
as otherwise provided
in
this division, the requirements shall | 138 |
include, but are not
limited
to, the satisfactory completion of an | 139 |
initial examination
and, in
order to remain certified, the | 140 |
completion of a specified
number of
hours of continuing building | 141 |
code education within each
three-year
period following the date of | 142 |
certification. In
adopting the
requirements, the board shall not | 143 |
specify less than
thirty hours
of continuing building code | 144 |
education within a
three-year period;
shall provide that | 145 |
continuing education credits, and
certification
issued, by the | 146 |
council of American building
officials, national
model code | 147 |
organizations, and agencies or
entities recognized by
the board, | 148 |
are acceptable for purposes of
this division; and shall
specify | 149 |
requirements that are
compatible, to the extent possible,
with | 150 |
requirements established
by the council of American building | 151 |
officials and national model
code organizations. The board shall | 152 |
establish and collect a
certification and renewal fee for building | 153 |
department personnel,
and persons and employees of persons, firms, | 154 |
or corporations as
described in divisions (E)(1) and (2) of this | 155 |
section, certified
pursuant to this division. | 156 |
This division does not require or authorize the
certification | 161 |
by the board of personnel of municipal, township,
and county | 162 |
building departments, and persons and employees of
persons, firms, | 163 |
or corporations as described in divisions (E)(1)
and (2) of this | 164 |
section, whose responsibilities do not include
the exercise of | 165 |
enforcement authority, the approval of plans and
specifications, | 166 |
or the making of inspections, under the Ohio
building code. | 167 |
(b) Persons, or employees of persons, firms, or
corporations, | 175 |
when such persons, firms, or corporations are under
contract to | 176 |
furnish architectural or engineering services to the
municipal | 177 |
corporation, township, or county, and such authority is
exercised | 178 |
pursuant to such contract; | 179 |
(c) Officers or employees of any other municipal
corporation, | 180 |
township, county, health district, or other
political
subdivision, | 181 |
or persons or employees of persons, firms,
or
corporations under | 182 |
contract with the same pursuant to division
(E)(1)(b) of this | 183 |
section, when such other municipal corporation,
township, county, | 184 |
health district, or other political subdivision
is under contract | 185 |
to furnish architectural or engineering
services
to the municipal | 186 |
corporation, township, or county, and
such
authority is exercised | 187 |
pursuant to such contract. | 188 |
(a) The certification of building department personnel and
of | 229 |
those persons and employees of persons, firms, or corporations | 230 |
exercising authority pursuant to divisions (E)(1) and (2) of this | 231 |
section. Any employee of the department or person who contracts | 232 |
for services with the department is disqualified from performing | 233 |
services for the department when the same would require the | 234 |
employee or person to
pass upon, inspect, or otherwise exercise | 235 |
any authority given by
the Ohio building code over any labor, | 236 |
material, or equipment
furnished by the employee or person for the | 237 |
construction,
alteration, or maintenance
of a building or the | 238 |
preparation of working drawings or
specifications for work within | 239 |
the jurisdictional area of the
department. The department shall | 240 |
provide other similarly
qualified personnel to enforce the | 241 |
requirements of the Ohio
building code as it pertains to such | 242 |
work. | 243 |
(6) Such certification may be revoked or suspended with | 246 |
respect to any or all of the building occupancies to which it | 247 |
relates on petition to the board of building standards by any | 248 |
person affected by such enforcement or approval of plans, or by | 249 |
the board on its own motion. Hearings shall be held and appeals | 250 |
permitted on any such proceedings for certification or for | 251 |
revocation or suspension of certification in the same manner as | 252 |
provided in section 3781.101 of the Revised Code for other | 253 |
proceedings of the board of building standards. | 254 |
(F) Conduct such hearings, in addition to those required
by | 261 |
sections 3781.06 to 3781.18 and 3791.04 of the Revised Code,
and | 262 |
make such investigations and tests, and require from other
state | 263 |
departments, officers, boards, and commissions such
information as | 264 |
the board considers necessary or desirable in
order to assist it | 265 |
in the discharge of any duty or in the
exercise of any power | 266 |
mentioned in this section or in sections
3781.06 to 3781.18 and, | 267 |
3791.04, and 4104.43 of the Revised Code; | 268 |
(G) Formulate rules and establish reasonable fees for the | 269 |
review of all applications submitted where the applicant applies | 270 |
for authority to use a new material, assembly, or product of a | 271 |
manufacturing process. The fee established shall bear some | 272 |
reasonable relationship to the cost of such review or testing of | 273 |
the materials, assembly, or products submitted and notification
of | 274 |
approval or disapproval as provided in section 3781.12 of the | 275 |
Revised Code. | 276 |
Sec. 3781.19. There is hereby established in the
department | 287 |
of commerce a board of building appeals
consisting of five members | 288 |
who shall be appointed by the
governor with the advice and consent | 289 |
of the senate. Terms of
office shall be for four years, commencing | 290 |
on the fourteenth day
of October and ending on the thirteenth day | 291 |
of October. Each
member shall hold office from the date of | 292 |
appointment until
the end of the term for which the member was | 293 |
appointed. Any
member
appointed to fill a vacancy occurring prior | 294 |
to the expiration of
the term for which the member's predecessor | 295 |
was appointed
shall hold
office for the remainder of such term. | 296 |
Any member shall continue
in office subsequent to the expiration | 297 |
date of the member's
term until a successor takes office, or until | 298 |
a period of
sixty days has
elapsed, whichever occurs first. One | 299 |
member shall be an
attorney-at-law, admitted to the bar of this | 300 |
state and of the
remaining members, one shall be a registered | 301 |
architect and one
shall be a professional engineer, each of whom | 302 |
shall be duly
licensed to practice their respective professions in | 303 |
this state, one
shall be a fire prevention officer qualified
under | 304 |
section 3737.66 of the Revised Code, and
one shall be a person | 305 |
with recognized ability in the
plumbing or pipefitting profession. | 306 |
No member of the board of building standards shall be a member of | 307 |
the board of building appeals. Each member shall be paid an
amount | 308 |
fixed pursuant to Chapter 124. of the Revised Code per
diem. The | 309 |
department shall provide and
assign to the board such employees as | 310 |
are required by the board
to perform its functions. The board may | 311 |
adopt its own rules of
procedure not inconsistent with sections | 312 |
3781.06 to 3781.18 and
3791.04 of the Revised Code, and may change | 313 |
them in its
discretion. The board may establish reasonable fees, | 314 |
based on
actual costs for administration of filing and processing, | 315 |
not to
exceed two hundred dollars, for the costs of filing and | 316 |
processing appeals. A full and complete record of all
proceedings | 317 |
of the board shall be kept and be open to public
inspection. | 318 |
In the enforcement by any department of the state or any | 319 |
political subdivision of this chapter and Chapter 3791., and | 320 |
sections 3737.41, 3737.42,
4104.02, 4104.06, 4104.43, 4104.44, | 321 |
4104.45, 4105.011, and
4105.11 of the Revised Code and any rule | 322 |
made thereunder, such
department is the agency referred to in | 323 |
sections 119.07, 119.08,
and 119.10 of the Revised Code. | 324 |
The appropriate municipal or county board of appeals, where | 325 |
one exists, certified pursuant to section 3781.20 of the Revised | 326 |
Code shall conduct the adjudication hearing referred to in | 327 |
sections 119.09 to 119.13 and required by section 3781.031 of the | 328 |
Revised Code. If there is no certified municipal or county board | 329 |
of appeals, the board of building appeals shall conduct the | 330 |
adjudication hearing. If the adjudication hearing concerns
section | 331 |
3781.111 of the Revised Code or any rule made thereunder, | 332 |
reasonable notice of the time, date, place, and subject of the | 333 |
hearing shall be given to any local corporation, association, or | 334 |
other organization composed of or representing handicapped | 335 |
persons, as defined in section 3781.111 of the Revised Code, or
if | 336 |
there is no local organization, then to any statewide
corporation, | 337 |
association, or other organization composed of or
representing | 338 |
handicapped persons. | 339 |
In addition to the provisions of Chapter 119. of the
Revised | 340 |
Code, the municipal, county, or state board of building
appeals, | 341 |
as the agency conducting the adjudication hearing, may
reverse or | 342 |
modify the order of the enforcing agency if it finds
that the | 343 |
order is contrary to this chapter and Chapters 3791. and 4104., | 344 |
and
sections 3737.41, 3737.42,
4105.011 and 4105.11 of the
Revised | 345 |
Code and any rule made thereunder or to a fair interpretation or | 346 |
application
of such laws or any rule made thereunder, or that a | 347 |
variance from the
provisions of such laws or any rule made | 348 |
thereunder, in the
specific case, will not be contrary to the | 349 |
public interest where
a literal enforcement of such provisions | 350 |
will result in
unnecessary hardship. | 351 |
The state board of building appeals or a certified
municipal | 352 |
or county board of appeals shall render its decision
within thirty | 353 |
days after the date of the adjudication hearing.
Following the | 354 |
adjudication hearing, any municipal or county
officer, official | 355 |
municipal or county board, or person who was a
party to the | 356 |
hearing before the municipal or county board of
appeals may apply | 357 |
to the state board of appeals for a de novo
hearing before the | 358 |
state board, or may appeal directly to the
court of common pleas | 359 |
pursuant to section 3781.031 of the Revised
Code. | 360 |
In addition, any local corporation, association, or other | 361 |
organization composed of or representing handicapped persons as | 362 |
defined in section 3781.111 of the Revised Code, or, if no local | 363 |
corporation, association, or organization exists, then any | 364 |
statewide corporation, association, or other organization
composed | 365 |
of or representing handicapped persons may apply for the
de novo | 366 |
hearing or appeal to the court of common pleas from any
decision | 367 |
of a certified municipal or county board of appeals
interpreting, | 368 |
applying, or granting a variance from section
3781.111 of the | 369 |
Revised Code and any rule made thereunder.
Application for a de | 370 |
novo hearing before the state board shall be
made no later than | 371 |
thirty days after the municipal or county
board renders its | 372 |
decision. | 373 |
(A) "Building services piping" means piping systems and their | 388 |
component parts that are part of a building system and that | 389 |
promote the safe, sanitary, and energy efficient occupancy of a | 390 |
building. "Building services piping" includes, but is not limited | 391 |
to, cold and hot potable water distribution for plumbing fixtures; | 392 |
sanitary lines leading from plumbing fixtures; nonflammable | 393 |
medical gas systems; medical oxygen systems; medical vacuum | 394 |
systems; fire protection piping systems and compressed air in dry | 395 |
systems; refrigeration, chilled water, condenser, cooling tower | 396 |
water, brine, and water/antifreeze systems; steam, steam | 397 |
condensate, and hot water piping systems; heating and cooling | 398 |
piping systems; and fuel oil piping and fuel gas piping for | 399 |
heating, cooling, and cooking applications. | 400 |
(B) "Power piping" means piping systems and their component | 401 |
parts, that are not building services piping systems, and that may | 402 |
be installed within electric power generating stations, industrial | 403 |
and institutional plants, utility geothermal heating systems, and | 404 |
central and district heating and cooling systems. "Power piping" | 405 |
includes, but is not limited to, piping used in the distribution | 406 |
of plant and process steam at boiler pressures greater than | 407 |
fifteen pounds per square inch gauge, high temperature water | 408 |
piping from high pressure and high temperature boilers, power | 409 |
boiler steam condensate piping, high pressure and high temperature | 410 |
water condensate piping, and compressed air and hydraulic piping | 411 |
upstream of the first stop valve off a system distribution header. | 412 |
(C) "Process piping" means piping systems and their component | 413 |
parts, that are not building services or power piping systems, and | 414 |
that may be installed in petroleum refineries, chemical, | 415 |
pharmaceutical, textile, paper, semiconductor, and cryogenic | 416 |
plants, and related processing plants and terminals. | 417 |
Sec. 4104.44. All welding and brazing of metallic piping | 483 |
systems shall be performed in accordance with section IX of the | 484 |
boiler and pressure vessel code, published by the American society | 485 |
of mechanical engineers. The owner shall maintain, at the job | 486 |
site, the certified performance qualification records of all | 487 |
welders and brazers employed at the facility. The owner shall | 488 |
submit copies of all certified welding and brazing procedure | 489 |
specifications, procedure qualification records, and performance | 490 |
qualification records for building services piping for review to | 491 |
the superintendent of the division of industrial compliance in the | 492 |
department of commerce in accordance with rules the superintendent | 493 |
adopts. The submission shall be accompanied by the fee the | 494 |
superintendent establishes. | 495 |
(a) Every person in the service of the state, or of any | 502 |
county, municipal corporation, township, or school district | 503 |
therein, including regular members of lawfully constituted police | 504 |
and fire departments of municipal corporations and townships, | 505 |
whether paid or volunteer, and wherever serving within the state | 506 |
or on temporary assignment outside thereof, and executive officers | 507 |
of boards of education, under any appointment or contract of hire, | 508 |
express or implied, oral or written, including any elected | 509 |
official of the state, or of any county, municipal corporation, or | 510 |
township, or members of boards of education. | 511 |
As used in division (A)(1)(a) of this section, the term | 512 |
"employee" includes the following persons when
responding to an | 513 |
inherently dangerous situation
that calls for an
immediate | 514 |
response on the part of the person,
regardless of
whether the | 515 |
person is within the limits of the
jurisdiction of the
person's | 516 |
regular employment or voluntary
service when responding,
on the | 517 |
condition that the person responds
to the situation as the
person | 518 |
otherwise would if the person were
on duty in the person's | 519 |
jurisdiction: | 520 |
(b) Every person in the service of any person, firm, or | 532 |
private corporation, including any public service corporation, | 533 |
that (i) employs one or more persons regularly in the same | 534 |
business or in or about the same establishment under any contract | 535 |
of hire, express or implied, oral or written, including aliens and | 536 |
minors, household workers who earn one hundred sixty dollars or | 537 |
more in cash in any calendar quarter from a single household and | 538 |
casual workers who earn one hundred sixty dollars or more in cash | 539 |
in any calendar quarter from a single employer, or (ii) is bound | 540 |
by any such contract of hire or by any other written contract, to | 541 |
pay into the state insurance fund the premiums provided by this | 542 |
chapter. | 543 |
Every person in the service of any independent contractor or | 590 |
subcontractor who has failed to pay into the state insurance fund | 591 |
the amount of premium determined and fixed by the administrator of | 592 |
workers' compensation for the person's employment or occupation or | 593 |
if a self-insuring employer has failed to pay compensation and | 594 |
benefits directly to the employer's injured and to the dependents | 595 |
of the employer's killed employees as required by section 4123.35 | 596 |
of the Revised Code, shall be considered as the employee of the | 597 |
person who has entered into a contract, whether written or verbal, | 598 |
with such independent contractor unless such employees or their | 599 |
legal representatives or beneficiaries elect, after injury or | 600 |
death, to regard such independent contractor as the employer. | 601 |
Any employer may elect to include as an "employee" within | 613 |
this chapter, any person excluded from the definition of | 614 |
"employee" pursuant to division (A)(2) of this section. If an | 615 |
employer is a partnership, sole proprietorship, individual | 616 |
incorporated as a corporation, or family farm
corporation, such | 617 |
employer may elect to include as an "employee"
within this | 618 |
chapter, any member of such partnership, the owner of
the sole | 619 |
proprietorship, the individual incorporated as a corporation, or | 620 |
the officers of the family farm
corporation. In the event of an | 621 |
election, the employer shall
serve upon the bureau of workers' | 622 |
compensation written notice
naming the persons to be covered, | 623 |
include such employee's
remuneration for premium purposes in all | 624 |
future payroll reports,
and no person excluded from the definition | 625 |
of "employee" pursuant
to division (A)(2) of this section, | 626 |
proprietor, individual incorporated as a corporation, or partner | 627 |
shall
be deemed an employee within this division until the | 628 |
employer has
served such notice. | 629 |
For informational purposes only, the bureau shall prescribe | 630 |
such language as it considers appropriate, on such of its forms as | 631 |
it considers appropriate, to advise employers of their right to | 632 |
elect to include as an "employee" within this chapter a sole | 633 |
proprietor, any member of a partnership, an individual | 634 |
incorporated as a corporation, the officers of a family
farm | 635 |
corporation, or a person excluded from the definition of | 636 |
"employee" under division (A)(2)(a) of this section, that they | 637 |
should check any health and disability insurance policy, or other | 638 |
form of health and disability plan or contract, presently covering | 639 |
them, or the purchase of which they may be considering, to | 640 |
determine whether such policy, plan, or contract excludes benefits | 641 |
for illness or injury that they might have elected to have covered | 642 |
by workers' compensation. | 643 |
(2) Every person, firm, professional employer organization as | 649 |
defined in section 4125.01 of the Revised Code, and private | 650 |
corporation, including
any public service corporation, that (a) | 651 |
has in service one or
more employees or shared employees regularly | 652 |
in the same business or in or about the
same establishment under | 653 |
any contract of hire, express or implied,
oral or written, or (b) | 654 |
is bound by any such contract of hire or
by any other written | 655 |
contract, to pay into the insurance fund the
premiums provided by | 656 |
this chapter. | 657 |
All such employers are subject to this chapter. Any member
of | 658 |
a firm or association, who regularly performs manual labor in
or | 659 |
about a mine, factory, or other establishment, including a | 660 |
household establishment, shall be considered an employee in | 661 |
determining whether such person, firm, or private corporation, or | 662 |
public service corporation, has in its service, one or more | 663 |
employees and the employer shall report the income derived from | 664 |
such labor to the bureau as part of the payroll of such employer, | 665 |
and such member shall thereupon be entitled to all the benefits of | 666 |
an employee. | 667 |
(E) "Family farm corporation" means a corporation founded
for | 683 |
the purpose of farming agricultural land in which the majority
of | 684 |
the voting stock is held by and the majority of the
stockholders | 685 |
are persons or the spouse of persons related to each
other within | 686 |
the fourth degree of kinship, according to the rules
of the civil | 687 |
law, and at least one of the related persons is
residing on or | 688 |
actively operating the farm, and none of whose
stockholders are a | 689 |
corporation. A family farm corporation does
not cease to qualify | 690 |
under this division where, by reason of any
devise, bequest, or | 691 |
the operation of the laws of descent or
distribution, the | 692 |
ownership of shares of voting stock is
transferred to another | 693 |
person, as long as that person is within
the degree of kinship | 694 |
stipulated in this division. | 695 |
(G) "Self-insuring employer" means an employer who is
granted | 703 |
the privilege of paying compensation and benefits directly
under | 704 |
section 4123.35 of the Revised Code, including a board of
county | 705 |
commissioners for the sole purpose of constructing a sports | 706 |
facility as defined in section 307.696 of the Revised Code, | 707 |
provided that the electors of the county in which the sports | 708 |
facility is to be built have approved construction of a sports | 709 |
facility by ballot election no later than November 6, 1997. | 710 |
Sec. 4123.291. (A) An adjudicating committee appointed by | 713 |
the administrator of workers' compensation to hear any matter | 714 |
specified in divisions (B)(1) to (6)(7) of this section shall hear | 715 |
the matter within sixty days of the date on which an employer | 716 |
files the request, protest, or petition.
An employer desiring to | 717 |
file a request, protest, or petition regarding any matter | 718 |
specified in divisions (B)(1) to (6)(7) of this section shall file | 719 |
the request, protest, or petition to the adjudicating committee on | 720 |
or before twenty-four months after the administrator sends
notice | 721 |
of the determination about which the employer is filing the | 722 |
request, protest, or petition. | 723 |
(B) An employer who is adversely affected by a decision of
an | 724 |
adjudicating committee appointed by the administrator may
appeal | 725 |
the decision of the committee to
the administrator or
the | 726 |
administrator's designee. The
employer
shall file the appeal
in | 727 |
writing within thirty days after the employer
receives the | 728 |
decision of the adjudicating committee. The administrator
or
the | 729 |
designee shall hear the appeal and hold a hearing,
provided
that | 730 |
the decision of the
adjudicating committee relates to one of
the | 731 |
following: | 732 |
(3) Maintain workers' compensation coverage, pay all
workers' | 792 |
compensation premiums and manage all
workers'
compensation claims, | 793 |
filings, and related procedures associated
with a shared employee | 794 |
in
compliance with Chapters 4121. and 4123.
of the Revised Code, | 795 |
except
that when shared employees include
family farm officers, | 796 |
ordained
ministers, or corporate officers of
the client employer, | 797 |
payroll
reports shall include the entire
amount of payroll | 798 |
associated with
those persons; | 799 |
(B) Pursuant to Section 35 of Article II, Ohio
Constitution, | 830 |
and section 4123.74 of the Revised Code, the
exclusive remedy for | 831 |
a shared employee to recover for injuries,
diseases, or death | 832 |
incurred in the course of and arising out of
the employment | 833 |
relationship against either the professional
employer organization | 834 |
or the client employer are those benefits
provided under Chapters | 835 |
4121. and 4123. of the Revised Code. | 836 |
Sec. 4125.05. (A) Not later than thirty days after the | 837 |
effective date of this section or not later than thirty days
after | 838 |
the formation of a professional employer organization,
whichever | 839 |
date occurs later, a professional employer organization
operating | 840 |
in this state shall register with the administrator of
the bureau | 841 |
of workers' compensation on forms provided by the
administrator. | 842 |
Following initial registration, each professional
employer | 843 |
organization shall register with the administrator
annually on or | 844 |
before the thirty-first day of December. | 845 |
(1) A list of each of the professional employer | 848 |
organization's client employers current as of the date of | 849 |
registration for purposes of initial registration or current as of | 850 |
the date of annual registration renewal, or within fourteen days | 851 |
of adding or releasing a client,
that includes
the client | 852 |
employer's name, address, federal tax
identification
number, and | 853 |
bureau of workers' compensation risk
number; | 854 |
(C)(1) The administrator, with the advice and consent of the | 869 |
workers' compensation oversight commission, shall adopt rules in | 870 |
accordance with Chapter 119. of the Revised Code to require, | 871 |
except as otherwise specified in division (C)(2) of this section, | 872 |
a professional employer organization to provide security in the | 873 |
form of a bond or letter of credit assignable to the Ohio bureau | 874 |
of workers' compensation not to exceed an amount equal
to the | 875 |
premiums and assessments incurred for the two most recent payroll | 876 |
periods,
prior to any discounts or dividends, to meet the | 877 |
financial
obligations of the professional employer organization | 878 |
pursuant to
this chapter and Chapters 4121. and 4123. of the | 879 |
Revised
Code. | 880 |
(D) Notwithstanding division (C) of this
section, a | 892 |
professional employer organization that qualifies for | 893 |
self-insurance or retrospective rating under section 4123.29 or | 894 |
4123.35 of the Revised Code shall abide by the financial | 895 |
disclosure and security requirements pursuant to those sections | 896 |
and
the rules adopted under those sections in place of the | 897 |
requirements specified in division (C) of this
section or | 898 |
specified in rules adopted pursuant to that division. | 899 |
(E)
Except to the extent necessary for the administrator to | 900 |
administer the statutory duties of the administrator and for | 901 |
employees of the state to perform their official duties, all | 902 |
records, reports, client lists, and other information obtained | 903 |
from a professional employer organization under divisions (A) and | 904 |
(B) of this section are confidential and shall be considered trade | 905 |
secrets and shall not be published or
open to public inspection. | 906 |
The administrator shall adopt rules that require that when an | 931 |
employer contacts the bureau of workers' compensation to determine | 932 |
whether a particular professional employer organization is | 933 |
registered, if the administrator has denied or revoked that | 934 |
professional employer organization's registration or rescinded its | 935 |
status as a coemployer, and if all administrative appeals are not | 936 |
yet exhausted when the employer inquires, the appropriate bureau | 937 |
personnel shall inform the inquiring employer of the denial, | 938 |
revocation, or rescission and the fact that the professional | 939 |
employer organization has the right to appeal the administrator's | 940 |
decision. | 941 |
Sec. 4125.07. Not later than fourteen calendar days after the | 955 |
date on which a professional employer organization agreement is | 956 |
terminated, the professional employer organization is adjudged | 957 |
bankrupt, the professional employer organization ceases operations | 958 |
within the state of Ohio, or the registration of the professional | 959 |
employer organization is revoked, the professional employer | 960 |
organization shall submit to the administrator of the bureau of | 961 |
workers' compensation and each client employer associated with | 962 |
that professional employer organization a completed workers' | 963 |
compensation lease termination notice form provided by the | 964 |
administrator. The completed form shall include all client
payroll | 965 |
and claim information listed in a format specified
by the | 966 |
administrator and notice of all workers'
compensation claims that | 967 |
have been reported to the professional
employer organization in | 968 |
accordance with its internal reporting
policies. | 969 |
Sec. 4125.08. Nothing in this chapter exempts a professional | 970 |
employer organization, client employer, or shared employee from | 971 |
any applicable federal, state, or local licensing, registration, | 972 |
or certification statutes or regulations. An individual required | 973 |
to obtain and maintain a license, registration, or certification | 974 |
under law and who is a shared employee of a professional employer | 975 |
organization and a client employer is an employee of the client | 976 |
employer for
purposes of obtaining and maintaining the appropriate | 977 |
license,
registration, or certification as required by law. A | 978 |
professional
employer organization does not engage in any | 979 |
occupation, trade, or
profession that requires a license, | 980 |
certification, or registration
solely by entering into a | 981 |
professional employer agreement with a
client employer or | 982 |
coemploying a shared employee. | 983 |
Sec. 4125.09. Nothing contained in this chapter or in any | 984 |
professional employer organization agreement shall affect, modify, | 985 |
or amend any collective bargaining agreement that exists on the | 986 |
effective date of this section. Nothing in this chapter shall | 987 |
alter the rights or obligations of any client employer, | 988 |
professional employer organization, or shared employee under the | 989 |
"National Labor Relations Act," 49 Stat. 449, 29 U.S.C.A. 151 et | 990 |
seq., the "Railway Labor Act," 44 Stat. 577, 45 U.S.C.A. 151, or | 991 |
any other applicable federal or state law. | 992 |
Sec. 3. (A) The Administrator of
Workers' Compensation,
with | 1003 |
the
advice and consent of the Workers'
Compensation Oversight | 1004 |
Commission, may adopt rules that identify
specified medical | 1005 |
conditions that have a historical record of
being allowed whenever | 1006 |
included in a claim. The Administrator
shall designate the rules | 1007 |
to be effective only until three years
after the effective date
of | 1008 |
this sectionSeptember 30, 2005. The Administrator, for
a period | 1009 |
of three years
after the effective date of this sectionuntil | 1010 |
September 30, 2005,
may grant immediate
allowance of any medical | 1011 |
condition identified
in those rules upon
the filing of a claim | 1012 |
involving that medical
condition and may
make immediate payment of | 1013 |
medical bills for any
medical condition
identified in those rules | 1014 |
that is included in a
claim. If an
employer contests the allowance | 1015 |
of a claim involving
any medical
condition identified in those | 1016 |
rules, and the claim is
disallowed,
payment for the medical | 1017 |
condition included in that
claim shall be
charged to and paid from | 1018 |
the surplus fund created
under section
4123.34 of the Revised | 1019 |
Code. | 1020 |